Kasilingam v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Twenty Third day of April Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice V.BHAVANI SUBBAROYAN CRIMINAL ORIGINAL PETITION No.7608 of 2021 1 KASILINGAM [ PETITIONERS / ACCUSED ] 2 HARIKRISHNAN 3 MUTHU Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ARNI TALUK POLICE STATION, THIRUVANNAMALAI DISTRICT.
CR.NO.267/2021 For Petitioner : M/S.B.S.RAMESH Advocate For Respondent : MR.T.SHUNMUGA RAJESWARAN, Government Advocate (crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Section 294(b), 323, 506(i) of IPC in Crime No.267 of 2021, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the accused and the defacto complainant are politicians and there was a dispute between them with regard to casting of bogus vote. Due to which, there was a wordy quarrel and the petitioners and others assaulted the de-facto complainant with deadly weapons, thereby, the defacto complainant sustained injuries. Hence, the complaint was registered. 3.The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution and they have been falsely implicated in this case. He would further submit that the similarly placed co-accused have been granted anticipatory bail by this Court on 16.04.2021, in Crl.O.P No.7106 of 2021. Hence, he prays for grant of anticipatory bail to the petitioners.
4.The learned Government Advocate (Crl. Side) would submit that in a wordy quarrel during the election, the petitioners and other accused assaulted the de-facto complainant with deadly weapons, thereby, the defacto complainant sustained injuries He would further submit that the injured has been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioners.
5.Considering the facts and circumstances of the case and also of the fact that the injured person has been discharged from the hospital and the similarly placed accused have been released on bail, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:
6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No., Arni, Tiruvannamalai District on condition that each of the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(a) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioners shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation. (c) the petitioners shall not tamper with evidence or witness either during investigation or trial; (d) the petitioners shall not abscond either during investigation or trial;
(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 23/04/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, ARNI, TIRUVANNAMALAI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, ARNI TALUK POLICE STATION, THIRUVANNAMALAI DISTRICT.
CC to M/S.B.S.RAMESH Advocate on payment of necessary charges CRL OP.7608/2021 Date :23/04/2021 cs 30/06/2021